Opinion Digests

Murder, first degree. Evidence. Defendant claims the prosecutor should not have been allowed to read into evidence an expert witness’s testimony because the prosecutor did not show due diligence was used to secure the expert’s presence. The trial court improperly ...

January 1, 1993Comments Off on Workers' Compensation – Open Benefit Award Unsupported

Where the Workers’ Compensation Appeal Board (WCAB) awarded plaintiff open benefits, we reverse and remand. Plaintiff worked for defendant. In April 1983, plaintiff’s back was injured when a truck pushed him against a wall. Plaintiff missed no time from work. ...

Where the court awarded 60 percent of the marital assets to plaintiff-wife and 40 percent of the assets to defendant-husband, the ruling was fair and equitable. “[T]he trial court … provided a reasonable basis for awarding plaintiff a greater portion ...

Child Abuse, second degree. Evidence. “The trial court did not abuse its discretion in admitting into evidence videotapes of the victim before and after his injuries. … Evidence of the seriousness of the victim’s injuries was necessary so that the ...

Where the Workers’ Compensation Appellate Commission (WCAC) found that it was “unnecessary to determine the effect of section 301(2) on plaintiff’s claim” because “‘the claimant suffered actual damage in the form of a myocardial infarction,'” the WCAC erred as a ...